Sec. 8. Deauthorization of certain water recycling projects
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The purpose of this section is to establish an efficient and transparent 1-time process for deauthorizing Bureau of Reclamation title XVI projects that have failed— to receive a minimum level of Federal investment; or to initiate construction. In this section, the term title XVI project means a project authorized by title XVI of Public Law 102–575 ( 43 U.S.C. 390h et seq.). Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and make available on a publicly accessible internet website in a manner that is downloadable, searchable, and sortable, a list of— title XVI projects— that are authorized; and for which, during the fiscal year in which this Act is enacted and each of the preceding 10 fiscal years— no application for Federal funding has been received; and no construction has occurred; and for each title XVI project listed under paragraph (1)— the date of authorization of the title XVI project, including any subsequent modifications to the original authorization; a brief description of the title XVI project; and any amounts appropriated for the title XVI project that remain unobligated.
The Secretary shall develop and make publicly available an interim deauthorization list that identifies each title XVI project described in subsection (b)(1). The Secretary shall solicit and accept, for a period of not less than 90 days, comments relating to the interim deauthorization list under paragraph
(1)from— the public; and the Governor of each applicable State. As part of the public comment period under subparagraph (A), the Secretary shall provide to title XVI project sponsors the opportunity to provide to the Secretary a notice of the intent to initiate construction of the title XVI project by not later than the date that is 2 years after the date of publication of the preliminary final deauthorization list under subsection (d). Not later than 90 days after the date of submission of the backlog list under subsection (b), the Secretary shall— submit the interim deauthorization list under paragraph
(1)to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; and publish the interim deauthorization list in the Federal Register. The Secretary shall develop a preliminary final deauthorization list that includes each title XVI project identified pursuant to paragraph (2). The Secretary may identify a title XVI project described in subsection (b)(1) for exclusion from the preliminary final deauthorization list if the Secretary determines, on a case-by-case basis following receipt of public comments, that the title XVI project is critical for interests of the United States, based on the practicable impact of the title XVI project on— public health and safety; the national economy; or the environment. Any title XVI project the sponsor of which has provided to the Secretary a notice of the intent to initiate construction by not later than 2 years after the date of publication of the preliminary final deauthorization list under this subsection shall be designated on that list as subject to deauthorization . The Secretary shall include as part of the preliminary final deauthorization list under this subsection an appendix that— identifies each title XVI project included on the interim deauthorization list under subsection
(c)that is not included on the preliminary final deauthorization list; and describes the reasons why each title XVI project identified under clause
(i)is not included on the preliminary final deauthorization list. Not later than 120 days after the date of expiration of the public comment period under subsection (c)(2)(A), the Secretary shall— submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the preliminary final deauthorization list and the appendix required under this subsection; and publish the preliminary final deauthorization list and appendix in the Federal Register. Effective beginning on the date that is 180 days after the date of submission to Congress of the preliminary final deauthorization list under subsection (d)(3)(A), each title XVI project included on that list is deauthorized, unless— the title XVI project is designated as subject to deauthorization pursuant to subsection (d)(2)(B); or Congress has enacted a joint resolution disapproving the preliminary final deauthorization list. Not later than the date that is 2 years after the date of publication of the preliminary final deauthorization list under subsection (d)(3)(B), the Secretary shall publish an updated final deauthorization list. On the updated final deauthorization list under this subsection, the Secretary shall describe any title XVI project designated as subject to deauthorization on the preliminary final deauthorization list pursuant to subsection (d)(2)(B) as— authorized, if the Secretary has received evidence that the sponsor of the title XVI project has substantially initiated construction on the title XVI project; or deauthorized, if the Secretary has not received the evidence described in subparagraph (A). Any project described as deauthorized pursuant to paragraph (2)(B) shall be deauthorized on the date that is 180 days after the date of submission of the updated final deauthorization list under paragraph (1), unless Congress has enacted a joint resolution disapproving that list. For purposes of this section, if a title XVI project has been modified by an Act of Congress, the date of authorization of the title XVI project shall be considered to be the date of the most recent modification.
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- Pub. L. 102-575
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